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Opinion: Editorials

Policy overreach: Jail too powerful a tool for petty offenses

Posted:
03/20/2014 01:00:00 AM MDT

Exactly one year ago, Boulder County Jail officials were on pins and needles.

That week, the inmate population swelled to 509. The facility was originally built to accommodate 287, and has increased its available capacity six times. Stacking bunk beds helped; the bed capacity now is 536.

And 509 was uncomfortably close. A dorm-like situation doesn't work with every prisoner, including some very violent offenders. The top bunks won't be suitable for some with disabilities. Inmate populations change daily, making filling that tight puzzle of beds and available space a challenge.

The sheriff's office told the Longmont Times-Call that any number above 500 creates a breakdown of programs, maintenance and custodial services.

"Small fluctuations in the population result in big problems for us because we have no overflow or extra capacity, " Boulder County Sheriff Joe Pelle said in a Times-Call article published March 18, 2013.

Functionally overcrowded is the term. And still, in reading the booking reports yesterday, its functionality is clear. Someone was accused of stealing a car, another of domestic violence, another of child abuse. Jails play a big role in public safety and in protecting the vulnerable.

So it's with puzzlement that we've watched the Boulder City Council expand the scope of crimes committed primarily by homeless people in Boulder — and expand the potential punishment for even petty infractions to jail time. At the same time, they've installed cameras around the municipal campus, which have the potential to catch even more offenses.

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The ACLU of Colorado released a statement reminding the council that two years ago, the city agreed that jail time should be reserved for serious violations. We're pretty sure that doesn't extend to "social misbehavior," smoking where one ought not to smoke, or sleeping outside.

"Now, just two years later, the Council has reversed that decision and plans to use the new ordinances to 'take back public spaces' by pushing disfavored members of the public out of them. Pushing the homeless out of one location only increases the problem of homelessness in other locations. Rather than spending public resources on more aggressive law enforcement, harassment, and incarceration, communities like Boulder would be better served by focusing that funding on programs that actually address and help to solve root causes of poverty," ACLU Public Policy Director Denise Maes said.

The council says it's not about punishing the homeless, but about expanding the tools at a judge's discretion. Councilman Sam Weaver said the municipal judge " is very committed to non-jail options," and there's no reason right now to believe otherwise.

So why was the tool chest expanded this week to specifically add jail as an option?

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